Gardner v. GMAC, Inc., No. 14-1048 (4th Cir. 2015)
Annotate this CasePlaintiffs filed separate class action complaints against GMAC, alleging violations of Maryland's Credit Grantor Closed End Credit Provisions (CLEC), Md. Code Ann., Com. Law 12-1001 et seq.; breach of contract; declaratory and injunctive relief; restitution/unjust enrichment; and violation of Maryland's Consumer Protect Act, Md. Code Ann., Com. Law 13-101 et seq. At issue was whether borrowers may seek a remedy after their creditors violate the repossession notice requirements in the CLEC. The court concluded that the CLEC requires borrowers to have repaid more than the original principal amount of their loans before they are entitled to relief. Accordingly, the court affirmed the district court's grant of summary judgment to GMAC.
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